Articles Discussing Human Resources Issues In Illinois.

On March 23, 2021, Governor Pritzker signed into law amendments to the Illinois Human Rights Act (IHRA) that substantially limit employers’ ability to consider an applicant or employee’s criminal history. Under the new protections provided by the amendments, unless otherwise […]

The post New IHRA Amendments Severely Limit Employers’ Ability

As previously reported, the Illinois Human Rights Act was amended to require employers to report adverse judgments and administrative rulings in cases involving sexual harassment or unlawful discrimination to the Illinois Department of Human Rights (“IDHR”). For additional background on […]

The post Don’t Be Spooked! Adverse Discrimination and Harassment

Last summer, Illinois adopted sweeping anti-harassment legislation including a new law known as the Workplace Transparency Act. As explained in our prior alert on this aspect of the Act, beginning July 1, 2020 and every July 1 thereafter, Illinois employers […]

The post Employers Await Guidance on Workplace Transparency Act

On October 5, 2016, the Cook County Board of Commissioners passed the Cook County Earned Sick Leave Ordinance (the “Ordinance”). Notably, Cook County, Illinois encompasses the City of Chicago, which passed its own paid sick leave ordinance earlier this year.1 The Ordinance is nearly a carbon copy of Chicago’s paid sick leave law, and is slated to take effect on July 1, 2017, allowing employees to accrue up to 40 hours of paid sick leave in a 12-month period.

In the wake of increasing federal and state scrutiny on the use of non-compete agreements for lower wage workers, Illinois has enacted the Illinois Freedom to Work Act (the “Act”).1 The Act, which applies to agreements entered into on or after January 1, 2017, prohibits non-governmental employers from entering into “covenants not to compete” with “low-wage employees.” The Act defines “low-wage employees” as employees who earn less than the greater of (1) the hourly minimum wage under federal, state or local law or (2) $13.00 per hour. Given current federal and state regulations, the Act will apply to employees earning $13.00 per hour or below.

In an effort to address possible overuse of non-compete agreements by certain employers, Illinois Governor Bruce Rauner has signed into law the Illinois Freedom to Work Act. The Act prohibits private sector employers from entering into non-compete restrictions with “low-wage employees” and renders any such agreements “illegal and void.” The Act applies to non-compete agreements entered into on or after the law’s effective date, January 1, 2017.

The loss of a child is never easy. Effective July 29, 2016, Illinois employers with 50 or more employees must provide eligible employees with up to 10 days of unpaid child bereavement leave following the death of a child. The Illinois Child Bereavement Leave Act supplements the leave options available under the federal Family and Medical Leave Act of 1993 (“FMLA”). However, employees who have exhausted all available leave under the FMLA may not be entitled to additional leave under the Child Bereavement Leave Act. Further details regarding the Act can be found at the link below.

The “Job Opportunities for Qualified Applicants Act” (House Bill 5701), signed by Governor Pat Quinn on July 19, 2014, prohibits employers, or any agent of an employer, from considering or inquiring into a job applicant’s criminal record or history until the individual has been determined qualified for the position and notified of an impending interview, or, if the applicant will not be interviewed, until after a conditional offer of employment is made. The Act explicitly excludes three categories of job applicants from this restriction. Applicants for all other positions will be entitled to the protections of the Act.

On July 19, 2014, 2014, Illinois Governor Pat Quinn signed into law the Job Opportunities for Qualified Applicants Act, which will go into effect on January 1, 2015. The new law will restrict the timing of pre-employment inquiries by Illinois employers about a job applicant’s criminal past. The Act reflects the ongoing trend, at both the state and local level, toward so-called “Ban-the-Box” laws that have been enacted across the nation.1 The Equal Employment Opportunity Commission (EEOC) also has endorsed this limitation in its updated guidance regarding consideration of arrest and conviction records under Title VII of the Civil Rights Act of 1964.

Property owners wishing to prohibit concealed firearms from being carried on their property must post officially approved signage conspicuously at the entrance of their building, premises or real property, according to a regulation published by the Illinois State Police. Owners of parcels where concealed carry is prohibited by the Illinois Firearms Concealed Carry Act also must post the required sign in the same manner.

Illinois has become the final state to authorize the carrying of concealed firearms by properly licensed private persons. The Illinois Legislature overrode Governor Pat Quinn’s amendatory veto of the state Firearm Concealed Carry Act on July 9, 2013. Although the Act became effective immediately, the Illinois State Police have been given 180 days to make applications for a license available and 90 days to process applications. While the State Police do not have to take the full amount of time provided by the Act, it is unlikely that any Illinois residents will receive a license for concealed carry until early in 2014. Employers should take this opportunity to familiarize themselves with the provisions of the Act that may affect their workplace policies or practices.